FOWBLE v. CHESAPEAKE & O. RY. CO.


16 F.2d 504 (1926)

FOWBLE v. CHESAPEAKE & O. RY. CO.

District Court, S. D. New York.

November 11, 1926.


Attorney(s) appearing for the Case

Michael M. Helfgott, of New York City, for plaintiff.

Rearick, Dorr, Travis & Marshall, James H. Purdy, Jr., and Paul Smith, all of New York City, for defendant.


GODDARD, District Judge.

The defendant has appeared specially and moved to set aside the service of the summons and complaint on two grounds. It seems necessary, however, to discuss the first ground only, which is: "That the defendant is a foreign corporation, and is not doing business in the state of New York, and that therefor said attempted service was in violation of the Constitution of the United States, particularly section 1 of the Fourteenth Amendment."

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